Do you have a Delaware criminal history report? What to know about getting it cleared

Anitra Johnson, Delaware News Journal
Updated ·3 min read

It's estimated that almost 300,000 people have a Delaware criminal history report. A criminal history report is a log detailing government proceedings against an individual. It may include traffic violations issued by law enforcement, court notations and case outcomes like dismissals, acquittals or convictions. Contrary to popular belief, juvenile records in Delaware are not automatically sealed, and they too, along with adult records in Family Court are also in this record.

A criminal history report can be accessed by rental property owners, loan officers, employers, schools and the general public. However, an expungement removes a record of law enforcement and court actions from background checks and eliminates the requirement to disclose it to future employers.

The catch is that obtaining an expungement in Delaware is a challenging and costly process.

Assistant public defenders work with people during an expungement clinic and job fair at the Route 9 Library and Innovation Center Thursday, April 28, 2022.
Assistant public defenders work with people during an expungement clinic and job fair at the Route 9 Library and Innovation Center Thursday, April 28, 2022.

The Clean Slate Act will take effect Aug. 1

An estimated 290,980 adults with criminal histories are eligible for mandatory expungement. The good news is that new legislation will help many clear their records. Signed into law in 2021, the Clean Slate Act takes effect on Aug. 1. Under this legislation, the State Bureau of Identification is mandated to expunge records falling under the mandatory category automatically. Nonetheless, certain factors may affect the law's effectiveness.

The state’s Office of Defense Services — also known as the public defender's office — cautions against relying solely on the new law for removing records for several reasons:

  • It will take time for the state to identify eligible records.

  • There is a possibility that the state could overlook some eligible records.

  • The state is not obligated to inform individuals their criminal record has been expunged

For those reasons, the office advises individuals to be proactive in pursuing the expungement of their record.

Why seek professional assistance for an expungement

Delaware's expungement process can be complicated, and many people will need professional assistance. Some convictions, whether misdemeanors or felonies, are eligible for expungement and some are not. Some convictions will not be expunged under the mandatory process but could be expunged under the discretionary process — or with a pardon from the governor.

Specific factors found on a person's record can determine whether an expungement petition will be considered mandatory or discretionary.

To start the expungement process, there is an application fee of $72. This fee covers the cost of fingerprinting and obtaining a certified criminal history report from the State Bureau of Identification. These fees do not include other agency document requests and court filing fees.

Scenes from the expungement clinic and job fair at the Route 9 Library and Innovation Center Thursday, April 28, 2022.
Scenes from the expungement clinic and job fair at the Route 9 Library and Innovation Center Thursday, April 28, 2022.

After your application is evaluated, you will be notified of your eligibility for either a mandatory or discretionary expungement. If you meet the criteria for a mandatory expungement, you will need to return the signed documents within 30 days along with a money order for $75.

If you are not eligible for a mandatory expungement, you will be provided information about the discretionary expungement process.

Discretionary expungements are considered by Superior Court and Family Court. The attorney general’s office also has an opportunity to weigh in on the petition. If opposed by the Attorney General's office, other options may be available.

Attend a free expungement clinic

Many organizations host expungement clinics throughout the state year-round. During these clinics, attorneys are on hand to help individuals with criminal history reports understand their options and plan their next steps in pursuing expungement or a pardon. Often, attendees will also have the chance to engage with employers and organizations ready to support and help find employment.

The Office of Defense Services maintains a calendar listing of upcoming expungement clinics. The next expungement clinic listed is on May 20 at First State Community Action Agency in Georgetown. You must register to attend. Visit the Office of Defense Services' website for more information about expungements or to request assistance with record clearing.

You can contact reporter Anitra Johnson at ajohnson@delawareonline.com.

This article originally appeared on Delaware News Journal: Delaware's Clean Slate Act will help many clear criminal reports but not all